Mexico: Changes At The IMPI

Jorge Amigo

On April 7th, 2011 several media released the news
that Jorge Amigo, General Director of the Mexican Institute of
Industrial Property (IMPI) was leaving his position.

Time before this event, multiple expectations had been already
generated regarding the future of the Institute. Jorge Amigo's
departure from the IMPI was a long spread rumor.

Bruno Ferrari, Economy Secretary, made the announcement of
Amigo's departure after 18 years of leading the IMPI that April
7th, 2011 on behalf of Felipe Calderón, president of
Mexico.

In his speech, Ferrari highlighted many of Jorge Amigo's
achievements throughout his career at the IMPI. He mentioned, among
others, that Amigo made the IMPI one of the best IP Offices in the
world, regarding patent, industrial design, utility models and
trademark granting as well as regarding the enforcement actions for
these IP rights. As well, he mentioned the multiple national and
international recognitions the IMPI had received as well as the
multiple international collaboration agreements with different
institutions and foreign offices with Jorge Amigo as a leader of
the Institute. He also mentioned the excellent administration and
negotiation Jorge Amigo had made regarding Mexico's
participation in several international treaties, in which the
country acquired leadership positions.

José Rodrigo Roque-Díaz

Following these words, Ferrari announced that the Directive
Board of the IMPI, abiding by a proposal from President
Calderón, had approved the designation of Rodrigo Roque as
new Director General of the IMPI, who would enter in functions on
April 15th.

In a brief discourse, Ferrari mentioned that Dr.
Roque-Díaz is a Lawyer graduated from the Universidad
Autónoma Metropolitana (UAM) with two doctorate degrees. The
first in Fiscal Law, Public Finance and Latinamerican Studies from
the University of Paris, and a second doctorate degree in Law from
the Universidad Nacional Autónoma de México (UNAM).
He was Legal Director of the General Direction in the National
Institute for Authors' Rights (INDAUTOR), and has also been in
charge of the Federal Coordination of Regulatory Improvement among
other positions.

Following Mr Ferrari's speech, Rodrigo Roque set out his
three major tasks to perform during his position as General
Director of the IMPI:

To improve the effort in approaching to technology developers
and generators in order to create conscience about protecting their
Intellectual Property (IP) rights in our country, so this
technological developments protected in Mexico can be promoted in
the industrial and productive sector, which in turn, triggers
Mexico to upscale from country number 60 regarding IP rights
enforcement.

To improve the administrative process within the IMPI in order
to generate better and more efficient procedures which sanction the
illegal acts of trade and of counterfeiting, by working together
with the Customs Authorities and the General Attorney's Office
(PGR)

To continue and promote this teamwork with Customs, PGR and
Health Authorities in order that the IMPI works as a detonator
which generates a virtuous circle of IP rights enforcement.

Rodrigo Roque has a clear and precise vision of the major IP
topics in which Mexico must work on. One of them is the lack of
conscience of IP developers and innovators when talking about
protecting their intangible assets. Another very important topic is
the serious problem that piracy represents in terms of illegal
commerce for Mexico, among other circumstances surrounding the
system for protecting IP rights in Mexico.

Rodrigo Roque has brought a scenario in which renovated
enthusiasm is perceived. With much to improve and innovate, but
that will be achieved with great effort, dedication and strategic
planning in order to take the IMPI to comply with his great
commitment of being an element that works for, that cooperates, and
that generates value for the highest competitiveness development in
Mexico.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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Antonio Belaunzarán and Carlos Reyes help readers become aware of some critical amendments that the Mexican Trademark Law requires to make Mexico a truly competitive country in terms of trademark protection.

Pursuant to Article 69 of the Trademarks and Other Distinctive Signs Act, N°7978, the transfer of a trade name presupposes the transfer of the commercial establishment to which the registration is related.

Whereas intellectual property laws protect a specific creation of the intellect by giving an exclusive right to benefit from it, competition policy and laws aim at increasing welfare by limiting exclusionary practices.

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